Daily commute (Detroit-Windsor) (H1b and Canada PR)

[harirajmohan]

so in 2018 when USCIS extended your i94, were you in Windsor while they filed the application?

Yes. I am here from Jan2017. We gave foreign address as Windsor and even mentioned in current US address as "N\A - Daily Commuter".

 

[VOBuckeye]

Situation is completely different now. Because USCIS suspended premium, processing time drastically came down. Many petitions are getting approved in regular mode in 3-4 weeks across all centers. That's the personal experience as well as experience with many other colleagues who filed in last two months.

Hi Deepcur,

Were there any that filed within the last couple weeks? Premium processing for some applications start June 8th and others June 22nd. I wonder if that will affect the timing negatively. My H1B doesn't expire till end of October, I'm thinking I should have the extension by then if I file now....

 

[DEEPCUR]

Hi Deepcur,

Were there any that filed within the last couple weeks? Premium processing for some applications start June 8th and others June 22nd. I wonder if that will affect the timing negatively. My H1B doesn't expire till end of October, I'm thinking I should have the extension by then if I file now....

all filed in late March to early May time frame. Premium processing resumption will negatively affect the timings for sure. Every year, I have noticed this pattern.. whenever the premium processing is stopped, the processing time for regular processing drastically comes down and then it goes up after the premium resumes.

you could file in regular, look for 2 months and then upgrade it to premium after that.

 

[VOBuckeye]

all filed in late March to early May time frame. Premium processing resumption will negatively affect the timings for sure. Every year, I have noticed this pattern.. whenever the premium processing is stopped, the processing time for regular processing drastically comes down and then it goes up after the premium resumes.

Thanks. I think I'll plan for premium just for peace of mind.

 

[DEEPCUR]

Thanks. I think I'll plan for premium just for peace of mind.

I agree.. since you commute, filing in premium and being done with it would be best. If they suspend premium again for some reason or other, and if you are close to expiry, it could get really stressful.

 

[Windsorvasi]

People - need some advice. I am on H1B and i have been a daily Commute from Windsor to Detroit for work.My Visa expires in 2 months and i had applied for extension. I received an RFE stating 'Intention to Deny' because I have not been going into the US since the lock down on Mar15th. So Looks like USCIS has issued a letter stating since there are no travel records i probably do not need Visa.

The only option that i could think of is to start commuting and reapply for extension again. Is the border open now for H1 commute ? is that classified under essential travel? How is it on the US and Canada side? Any advice would help.

 

[harirajmohan]

People - need some advice. I am on H1B and i have been a daily Commute from Windsor to Detroit for work.My Visa expires in 2 months and i had applied for extension. I received an RFE stating 'Intention to Deny' because I have not been going into the US since the lock down on Mar15th. So Looks like USCIS has issued a letter stating since there are no travel records i probably do not need Visa.

The only option that i could think of is to start commuting and reapply for extension again. Is the border open now for H1 commute ? is that classified under essential travel? How is it on the US and Canada side? Any advice would help.

Per rule, denial cannot/shouldnot be for not having status inside US. It is always related to job not existing or not able to prove that there is position for you or the skillset-jobprofile mismatch. There is no difference between new or extension of H1 except the I94 extension part as both new and extension needs to prove that there is job available for the candidate which is no way related to whether you hold status inside US. If this is the case they should be denying all new H1 cases.

Are you sure about the reason not commuting?
I know that many used to file and go to India office for months and get the approval without I94 and get it stamped later and come to US. So till now what uscis used to do is that just avoid extending the i94 because the candidate doesnt hold the status but used to approve it.

But seems strange to see this kind of response from uscis. What all they asked and what is the exact reason? Usually lawyers dont tell. did your lawyer share the exact reason or lawyers are just asking for some documents without giving much specifics?

 

[DEEPCUR]

People - need some advice. I am on H1B and i have been a daily Commute from Windsor to Detroit for work.My Visa expires in 2 months and i had applied for extension. I received an RFE stating 'Intention to Deny' because I have not been going into the US since the lock down on Mar15th. So Looks like USCIS has issued a letter stating since there are no travel records i probably do not need Visa.

The only option that i could think of is to start commuting and reapply for extension again. Is the border open now for H1 commute ? is that classified under essential travel? How is it on the US and Canada side? Any advice would help.

Were you in US or Canada at the time of filing extension? I presume you must have been in Canada.. ideally one needs to be physically be present in US on the day when the extension is filed. USCIS NOID letter would have said that you were not the country when your extension of status was filed, so they won't be able to approve your extension of stay aka i94.

If your application has no other issues related to actual employment itself (client letter etc.), you will get definitely get approval with i797b i.e the approval without i94 and has consular notification. Getting i94 with petition is useless for your scenario anyways because you won't be able to use AVR as it has been more than 30 days since you left US and you would need a stamp anyways to enter/commute to US. I don't see any reasons for you to be panicked or resume commute right away. Just book for stamping as soon as embassy reopens.

 

[DEEPCUR]

I dont think this NOID has anything to do with where a person is. Hundred's if not thousands go out of country when they max out H-1B, get their 140's and be back on H-1B. There could be other reasons for NOID's all the way from LCA to not having payroll's.....

At the time of filing extension of status (i94 extension), one needs to be physically inside US. After filing extension, it is absolutely okay to step out of the country. Since OP mentioned, it is related to travel record, it must be very likely due to not being in US while applying extension of stay. If he had been commuting regularly, USCIS might have overseen this fact, but since he has been out more than 30+ days, they are probably not in a position to approve his extended i94.

Check this thread where someone got similar NOID for H4.. although it is for H4, the reasons for NOID are very much comparable.

http://forum.murthy.com/topic/109975-i-539-h4-extension-received-intent-to-deny-notice/

 

[DEEPCUR]

I personally know people who were out of country for 1 year and got their H-1B approved with no issues post 140 approval..

I am not denying that. But what they would have gotten is i797b. If you apply within US, you will get i797A attached with i94 at the bottom. In this case OP will get i797B approval without i94. He needs to get a stamp and come back.

 

[DEEPCUR]

Wonder why OP got a NOID?

His employer would have requested for an extension of stay when they filed the petition without knowing that he is not in US. USCIS is indicating their intention to deny the extension of stay and is giving a chance to see if there is anything they have to explain on it. Logically you cannot extend the stay of someone who is not staying in US.

 

[Windsorvasi]

His employer would have requested for an extension of stay when they filed the petition without knowing that he is not in US. USCIS is indicating their intention to deny the extension of stay and is giving a chance to see if there is anything they have to explain on it. Logically you cannot extend the stay of someone who is not staying in US.

Thats exactly right. Instead of Consular Processing they just filed for an extension of stay. Today my company's immigration HR basically called and threatened me to come back and stay in US else i will be putting my H1B in jeopardy. I asked her if she can file extension through Consular Processing. She is saying there is a lot of uncertainity now with the borders being shut and that she will monitor the situation on a weekly basis to see if they want to do consular processing.

I dont have a lot of hopes that my company would file my H1 on time. What do i do? I have 2 months exactly.

 

[Windsorvasi]

Borders being shut has nothing to do with consular processing. Borders are open for work purposes and probably she was trying to say consulates being closed.
If your company never processed H1 with consular processing they would be nervous with everything shut down now.
btw...how long have you been commuting? And your HR probably overlooked the commuter thing. Did you ever tell your HR about commuting? If yes, they should have filed it right up front, someone just slacked here and messing up lives..!!

I moved here in December and i actually informed them and updated residence address and everything before moving. They are aware that i have been doing a daily commute. I suspect that they have just not filed it right in the first place.

 

[DEEPCUR]

Thats exactly right. Instead of Consular Processing they just filed for an extension of stay. Today my company's immigration HR basically called and threatened me to come back and stay in US else i will be putting my H1B in jeopardy. I asked her if she can file extension through Consular Processing. She is saying there is a lot of uncertainity now with the borders being shut and that she will monitor the situation on a weekly basis to see if they want to do consular processing.

I dont have a lot of hopes that my company would file my H1 on time. What do i do? I have 2 months exactly.

You don’t need another petition at all. The NOID was just for extending your status and not for the work authorization itself.

Assuming there are no other issues on the petition merits, USCIS will automatically approve your petition through consular processing and you’ll get form i797b as approval copy without i94. You should try explaining this to your HR that the NOID is just for extension of stay and not for petition itself. Ask them to check this with any attorney.

If you get approval before the expiry of current visa stamp (highly recommended premium processing upgrade while replying NOID), just use the new petition and current visa stamp to enter USA. Get a new i94 at the border and submit it to your HR.

Having said that, if your HR insists on you being back in US and wants to go with another extension, I suggest you don’t push it back. Your employer needs to extend your i9 meant for work authorization, and if they are not able to do that you will be in deep trouble.

 

[SAM09072019]

The US is likely to issue another entry ban on h1b holders soon. So if you have the means to come back to the US...

I don't think there would be any entry ban on H1b. all are the rumors and it happens every time during the recession. It was not banned in 2008 though Visa number brought down drastically from 135k to 85K